"A Bar was put in place" - Money Claim Online

[famasfilms]

Hi,

In May 2014 I filed a small claim via MCOL against a former housemate for unpaid bill money.

She did not respond to the claim and the judgement was issued by default on 12th June 2014.

In August 2014 I had the case transferred to Basingstoke County Court so that I could take enforcement measures. My first step was to send off an N316 form so she has to attend court for questioning.

I spoke to Basingstoke today and they confirmed they had received the form and the relevant documents were being sent out to me.

I logged into MCOL to check and it says this:

A bar was put in place for Miss DEBTOR on 13/08/2014



Your claim was transferred to BASINGSTOKE on 13/08/2014

What does "a bar was put in place" mean? That I am barred from enforcing the claim? I have not received any documents or letters from MCOL or Basingstoke Court about any applications she will have made. I doubt she is organised enough to even file such a motion.

I notice that the "Request Warrant" button on MCOL is no longer available.

Any advice is greatly appreciated.

[Amethyst]

Re: "A Bar was put in place" - Money Claim Online

Presumably as she has been called for questioning via your N316 form the system will prevent you taking further action whilst that is proceeding. The court have stated that the documents are being sent out to you so you need to wait for those to arrive to assess your next step.

[famasfilms]

Re: "A Bar was put in place" - Money Claim Online

Thanks for the quick answer!

Does anyone have any advice as to how I can physically give her the documents to summon her to Court?

When I sent her the letter saying that I would take legal action unless she paid up, she rang the Police and complained that I had been harassing her and following her home from work and similar - all utterly preposterous but I'm wary of a similar situation.

[Amethyst]

Re: "A Bar was put in place" - Money Claim Online

I would hang fire and wait for the documents from the court. Refrain from contacting the defendant directly at all particularly as the situation sounds sensitive.

'' I spoke to Basingstoke today and they confirmed they had received the form and the relevant documents were being sent out to me.''


''The court will draw up an order in Form N39 (Order to attend for questioning), using the
information you have given in your application. The order will:
• give a time, date and place for the debtor to attend to be questioned;
• give an explanation that the debtor must attend and must answer, on oath, the
questions asked by the court officer;
• tell the judgment debtor to ask you to provide sufficient money to cover any travel
expenses to and from the court if it is needed, and that this request must be made to
you within seven days of receipt of the order to attend; and
• tell the debtor, who wishes to pay the amount due, that payment should be made
direct to you.''

[famasfilms]

Re: "A Bar was put in place" - Money Claim Online

Received the documents today.

Any advice on how to deliver them? What happens if she refuses to take the letter?

I am thinking about driving to her address on a Saturday morning when I'm guessing it's likely that she will be at home.

[Amethyst]

Re: "A Bar was put in place" - Money Claim Online

You could take it around yourself (if its not going to end in fisticuffs) and complete the affidavit or engage a process server to do it for you.

[famasfilms]

Re: "A Bar was put in place" - Money Claim Online

Right, I attempted to serve the order today.

The debtors father answered the door and told me that the debtor did not live there and was living in another city. Then her mum came to the door and said that she was travelling.

I know from the debtor's social media activity (lots of references to living at home) that this is a lie.

Can I phone the county court and tell them that delivery was not successful and that I doubt future attempts will succeed? And then ask if I can post the order?

[des8]

Re: "A Bar was put in place" - Money Claim Online

I would just send the documents "signed for". Here's an extract fromhttp://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html:
A claim form is deemed to have been served on a defendant even if it has been returned to the court marked undelivered – provided that it was sent to the last known or usual address of the defendant. The claim form is even deemed to have been served if the claimant knows that the defendant has left that address – unless they know the defendant’s new address.This rule is so strict that there is nothing the defendant can do to rebut it even if they have conclusive proof that they never received the document. There is even case law that says that service was still good where a document was sent to a property which had previously been destroyed.

[famasfilms]

Re: "A Bar was put in place" - Money Claim Online

Ok thanks, I spoke to the Police as her father confronted me in my car a few minutes after I left their house and had to held back by her brother.

Police said I could've asked them to attend, am awaiting a call back so good to know I can post also

[AuntyF]

Re: "A Bar was put in place" - Money Claim Online

I have just posted a question re this BAR business. What exactly is it? I haven't asked for Judgement because the actual date wasn't up for them to respond until today. This being a Saturday they would have had until Monday anyhow. But they have filed a defence now. The gentleman in this thread had asked for Judgement because the defendant hadn't responded, and a Court date was due to be fixed. I haven't got that far yet. Any help appreciated. Thanks Aunty F.

[Amethyst]

Re: "A Bar was put in place" - Money Claim Online

The Bar is put in place so you can't get default judgment whilst the court processes documents received.